Court allows Chapter 7 Trustee to use IRS's 10 year statute of limitations to attack fraudulent

The Southern District of Florida Bankruptcy Court is allowing a Chapter 7 Trustee to go forward with his adversary proceeding to avoid transfers that occurred in 2005, which are time-barred under applicable Florida law. The Court found that section 544(b) is clear and allows a trustee to step into the shoes of the IRS and to pursue avoidance actions that the IRS, outside of bankruptcy, could have timely pursued on the petition date. For full case opinion, click here.

#Chapter7 #Fraudulentconveyance #Trustee

Recent Posts

See All

9th Circuit Overrules Itself Restoring the Debtor’s Absolute Right to Dismiss their Chapter 13

The 9thCircuit had previously held in In re Rosson that a debtor’s absolute right to dismiss their chapter 13 case was limited and that...

U.S. Supreme Ct. Holds That Chicago Is Not Violating the Automatic Stay by Holding Impounded Cars

In an unanimous decision, the United States Supreme Court reversed a decision of the Seventh Circuit Court of Appeals and resolved a...

Northern District of California Chapter 7 Trustees Covid-19 Meeting Information and Procedures

This table has the virtual meeting information and preferred procedures by Chapter 7 trustee. (Check your download folder after you click...